A compliance certificate is written confirmation from the Town of Westlock that development on a property meets the regulations of the Land Use Bylaw. Lawyers and lending institutions often request compliance certificates to protect their clients’ investments in real estate transactions.
The Town of Westlock does not require an application for a compliance certificate for Real Estate transactions.
To avoid delay, it is recommended that you make arrangements for the preparation of an Alberta Land Surveyor’s Real Property Report as soon as you have decided to sell your property.
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Hire a registered Alberta Land Surveyor to prepare a signed and dated Real Property Report for the property in question. There is a charge for this service. Consumers are advised to shop around as rates may vary.
To request a compliance certificate, send or deliver to the Town Office:
- A completed request form OR a letter requesting a compliance certificate, including:
- Applicant’s name, address, phone, fax, email
- Municipal address of the property
- Legal land description of the property
- Mode of delivery (mail, email, courier or pick-up)
- Two (2) Copies of a Real Property Report:
- An original Alberta Land Surveyor’s Real Property Report prepared within ninety (90) days prior to the submission of the request for compliance certification to the Town; or
- An original Alberta Land Surveyor’s Real Property Report prepared ninety-one days or more prior to the submission of the request for compliance certification to the Town, accompanied by a statutory declaration signed by the owner(s) certifying that the submitted Real Property Report accurately portrays the property and any improvement(s) thereon and that there have been no changes by way of addition, deletion, expansion, reduction or relocation of improvements; or
- A certified true copy of a Real Property Report that complies with the above, and
- The applicable fee:
Compliance Certificate Fees
Applicants are responsible to provide proper documentation. The Town of Westlock does not provide information on previous submissions. Due to copyright laws, we cannot provide copies of surveys. No spliced, faxed or altered copies of Real Property Reports will be accepted.
Efforts are made to process requests for compliance certificates ASAP. Our express service provides for completion of the Certificate within two working days.
If the property is in compliance with the Land Use Bylaw a Certificate of Compliance will be issued.
If the property is not in compliance with the Land Use Bylaw the applicant will be notified in writing of the non-compliances in a Certificate Respecting Compliance.
Anything found to be non-complying under the Land Use Bylaw which was in compliance with the Bylaw in effect at the time of original development, or for which a variance has been granted by way of a development permit, shall be deemed a non-conforming use or building as outlined under Section 643 of the Municipal Government Act and shall be allowed to remain "as is, where is”, subject to the conditions outlined in the Act.
Anything found to be non-complying which was not in compliance with the Land Use Bylaw at the time of development, and for which no variance has been granted, shall be deemed a non-compliance. The owner of the property is responsible for any such non-compliances.
The submitted Real Property Report shall be the basis for determining compliance or non-compliance. The Development Authority shall not undertake independent site inspections. Findings of compliance or non-compliance will apply only to those buildings or structures, or parts thereof, shown on the Real Property Report submitted by the applicant.
An applicant may be required to relocate or remove minor non-compliances (e.g. relocate portable shed to within required setbacks or remove a structure from a utility right of way). In many cases the applicant will not be required to rectify the non-compliance immediately; however, should there be a requirement to rectify a non-compliance at any time in the future, it will be the responsibility of the owner of the property at the time.
If there are non-compliances as described above you may apply for a development permit requesting a variance to leave "as-built”. There are additional fees for this application. The application may go before the Municipal Planning Commission, which meets on a monthly basis.
Should your application for a variance be approved, the processing and notification period is approximately three weeks. You will be notified in writing should an appeal be launched against approval of variance during the notification period.
If your development application is refused, or if you disagree with the conditions of your approval, you have the right to appeal the decision to the Subdivision and Development Appeal Board of the Town of Westlock.